ACCESSING, BROWSING OR OTHERWISE USING SOFTWARE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF USE.
The USHA STORES is a mobile app & website developed for Usha Stores. Agarwal Group Of Companies is a limited liability partnership that aims to provide social welfare services on no profit basis in the state of Goa only, to users in need. We limit our role and responsibility only to the extent of connecting the services providers registered with us to the users of USHA STORES.
We provide, directory as the service basis, a mobile application/Website that facilitates the interaction between the users and the service providers by displaying the contact details of service providers enabling users in need of service, to place orders /bookings /request, over the call. In this transaction, we merely act as an intermediary by creating a bridge between persons seeking service and persons providing service.
Although not all, but some service providers provide their services free of charges on the software. However, the user is advised and shall be responsible to check the correct pricing and availability of service, delivery terms with the service providers themselves. The products or deliverables items shall be picked up by the users themselves, from the service provider.
Most items purchased from sellers listed on ushastores.com are returnable within the return window, except those that are explicitly identified as not returnable. The return is processed only if:
It is determined that the product was not damaged while in your possession;
The product is not different from what was shipped to you;
The product is returned in original condition (with brand’s/manufacturer’s box, MRP tag intact, user manual, warranty card and accessories)
You can review return policy for products listed on ushastores.com by clicking here . For the products that are returned by the customer, the refund is issued to the original payment method (in case of pre-paid transactions) or to the bank account, the details for making such refund and the timelines are detailed in the refund policy available here .
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
Once we receive your return or the seller notifies us of receipt of return, as the case may be, a refund is issued to the original payment method (in case of pre-paid transactions) or to your bank account.
Free delivery all over Goa, But product price should be above Rs 7000/-
We offer our services only to eligible users and we solely depend upon the representations made by the users pertaining to eligibility to use our platform. We hold sole discretion to block access, terminate or suspend your account in case of any false or misrepresentations. We do not bear the responsibility for the veracity of eligibility and information provided by the users or service providers. And user and the service providers warrant to provide complete, accurate updated, true information to us.
The user shall be eligible and competent under the Indian Contract Act 1872. The user below age 18 years, minors without parental/guardian control, unsound mind, insolvent, etc are not eligible to use our software. In Addition, the user service provider shall hold the necessary degree, certifications, permissions, licenses, registrations, NOC before registering with us and continue to be eligible to provide the service using our software.
To receive the services, the User shall register/sign up on USHA STORES by providing relevant information and access the contact details of service providers after which the user can log in using a username and password. You shall be responsible to maintain your account details including user name and password and its confidentiality.
By using this mobile application/Website , you represent and warrant that-
All registration information you submit is true, accurate, complete and current.
You will maintain accuracy and update the changes in the information from time to time.
You have the legal capacity to use and contract and agree to be bound by these terms of use.
You are not under the age of 18 years old
You will not access the mobile application/Website through automated or non-human means, whether via the bot, script, otherwise.
You will not use the mobile application/website for any illegal, unlawful, unauthorized purposes or through such means.
Your use of the mobile application shall not violate any applicable laws.
In case any of the above uses are found, we reserve the right to terminate your access to our mobile application/website without any liabilities.
The user shall not permit any person to engage in the following activities:
Copy or republish the API of USHA STORES
Republish or redistribute any content
Make the API available to any third party;
Use or access the API Services for any purpose which is not agreed upon and mentioned in these terms between the User and USHA STORES
Create derivative versions of the API Services provided by USHA STORES
Extract, derive or attempt to extract or derive source code of the API provided by USHA STORES
Use the API Services to create a related API or software;
Sub sell the services purchased by the user from us or don’t use SAASservice to provide services to the third party,
An unauthorized person not allowed to access SAAS service,
Make any alteration to the Platform, edit or otherwise modify any material on the mobile application/website
Conduct any load testing or security testing
Show any material from the mobile application/website in public
Copy or republish the Software,
Remove, modify or obscure any copyright, trademark or other proprietary notices contained in the software used to provide the SAAS Services or in the Documentation,
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the SAAS Services, except and only to the extent such activity is expressly permitted by applicable law, or
Copy, reproduce, aggregate, reproduce, republish, uploaded, posted, publicly display, encode, translate, transmit, distribute, sell, license, otherwise exploit the contents of the mobile application for any commercial purpose without any express prior permission.
Circumvent, disable, otherwise interfere with the security-related features of the mobile application including features that prevent or restrict the use or copying of any content or enforce a limitation on the use of the information and the contents of our mobile application .
Engage in unauthorised framing of or linking to our mobile application/website.
The trick,defraud,mislead , us or other users of the mobile application/website in attempt to learn sensitive account information such as user password .
Make improper use of support services or submit a false report
Attempt to impersonate any user.
Use the mobile application/website to harass ,abuse,harm any other user of our mobile application/website or our employees ,partners ,affiliates etc.
Copy or adapt sites software including Flash ,PHP,HTML,JAVA SCRIPT other codes .
Transmit or upload any material that acts as a passive or active information collection or transmission mechanism .
The services displayed on the software are offered in state of Goa(INDIA) only and at no other location .
The user acknowledges and agrees that we shall not be made liable for any business loss ,financial loss, goodwill loss, any other losses incurred upon dealing with us or acted upon the information displayed by us
We do not warrant that: Your use of the Services will be uninterrupted or error-free; and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Services may be subject to limitations, delays, error, misappropriations and other problems inherent in the use of such communication facility..
All commercial/contractual terms, responsibilities, liabilities as to the services provided by the service providers are between You and the service provider alone once the contact is made by the user on the contact details specified on USHA STORES. The commercial/contractual terms may include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services, guarantees, timely service etc. We not have any control or do not determine or advise or in any way involve ourselves in the offering or acceptance of such commercial/contractual terms between you and the service provider. You agree to hold us harmless against any default of service, errors, omission done by the service providers or users of USHA STORES or any interruptions in the call, other modes of contact.
The veracity of information – The contact details and other information on USHA STORES are displayed in good faith and upon representations made by the sources from whom it is procured which we believe to be true, accurate and updated till the publication on the software. We don’t warrant as to its veracity, accuracy, timeliness, updated, reliability, error free, free from a typographical error. We have also not negotiated or discussed any terms of engagement with any of the service provider. Booking, Purchasing and availing goods and services from the service provider shall be at your own risk.
The users are advised to check the veracity of information and understand the risk before acting on the same .you agree not to hold us liable for any decisions based on content USHA STORES in case of loss of data, revenue, profits, property whether monetary or not.
Software & Information update – We hold the sole discretion to update, modify, cancel, review, correct the information, features, facilities provided on the USHA STORES without any personal notice for the same to you. We also strive to review the information as available to its updated format from time to time as received from the sources at our discretion.
Theft /Fraud payments /deliveries – We shall not be liable for any sorts of fraud,theft,unauthorised conduct payments or otherwise face by you, related to services accepted from the service providers displayed on USHA STORES ,
We do not implicitly or explicitly support, offer, advertise, endorse the sale or purchase of any products or services but merely displays information on the USHA STORES to make an offer by the users of the software. We accept no liability for any errors or omissions, whether on behalf of users or service providers for any claims including false information, delayed service, non-availability of stock, wrongful advice and information, change in the pricing, additional costs and charges, cancellation of service requested or purchased, non-performance of services and promise or breach of any contract entered into between You and the service provider. We shall not be held responsible to mediate or resolve the disputes and complaints as to services offered by the service provider. We are merely acting as an intermediary between the user and the service provider by facilitating the online ‘Search ’ Services’ for the user.
Online Store – We do not provide any warranties as to suitability, fitness, merchantability, for a specific purpose or otherwise for any products, services, facilities, after purchase services offered on the online store. The products are to be self-picked by the user
Payment related risks – No payment gateway integration is provided by us on USHA STORES. We shall not be liable to any payments related frauds or unsolicited messages on our behalf us sent to the users or non-users, any payments initiated shall be at the sole responsibility of the person doing so.
Security breach risks - You agree to hold us harmless against any loss suffered due to software viruses, trozen, unauthorised security breach, not under our control or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
All intellectual property rights including the right to use, ownership, transfer of interest, licence to use ,right to apply to update etc pertaining to the brand USHA STORES lies with us exclusively without any interference of whatsoever nature.
Also we own all right, title and interest in and to the API, Software, services, SAAS, Documentation, and other products provided under these Terms of Use to the User, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein.
The users, service providers holding respective brands and trade names are not associated with the USHA STORES and we do not claim title or possession over any products, brand, service provided by the service providers.
All images, icons displayed on USHA STORES are put fair use. All images displayed on USHA STORES are created by us.
Images used on the online store are directly given by the vendors of the product .All images , contents, information ,photographs are uploaded in good faith and we do not intend to cause interference in copyrights or any infringements of intellectual property rights .
We hold right but not the duty, to investigate, report, peruse personal data, records from the users to look into matters of unlawful activity, fraud cases, misrepresentation done in relation to the use of USHA STORES. The Privacy Policy of USHA STORES indicates the storing and retention of personal data with us. It shall be the responsibility of the Users to maintain their own records of transactions, communications, payments and cooperate and make the records available for the inspection to our satisfaction.
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage our service via USHA STORES . This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
The users agree to indemnify us against any claims, loss, cost monetary expenses incurred to defend the claims made against us by, non-users, users or service providers arising out of the transaction, services, payments, non-performance of services, breach of service, misrepresentations, other product and service-related disputes.
You agree that USHA STORES is an “as is “ mobile application/website and we shall not be made liable for any damages whether direct, indirect consequential, incidental, punitive, exemplary and the user shall be responsible and consent to the risks associated with the access and use of USHA STORES or products and service-related disputes.
We update our Terms of use considering any changes in the mode of operation, modifications to the features, facility, services, information etc . and let the users/you know about the update through “LAST UPDATED ON” and terms become immediately effective from the date. We expect you to bear the responsibility to read and review all such updates made before accessing USHA STORES or accepting any services offered by us. By accessing the software after being updated you indicate the agreement to the modifications done to the terms of use.
If we are prevented from performing our obligations due to any event which is unforeseen and beyond our reasonable control including, war, riots, civil commotion, acts of God, fires, storm, earthquakes, epidemic, pandemics, restraints imposed by the government, acts of the legislature (“Force Majeure Event”), then such we shall be excused of the performance of obligations during the period of such Force Majeure Event.
This Agreement shall be governed and construed in accordance with the laws of India. The Parties agree that any disputes or claims arising out or in connection with this Agreement shall be resolved amicably between the Parties. In the event, the Parties fail to resolve the dispute or reach an amicable settlement within a period of Sixty (60) days from the date which the dispute has arisen, then such dispute shall be referred to arbitration in accordance with the rules set forth by the Indian Council of Arbitration (ICA).
The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act of India, 1996 in accordance with the ICA Domestic Commercial Arbitration Clause. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity of the breach thereof shall be settled by arbitration in accordance with the Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
Without prejudice to the preceding paragraph, if any such dispute is not resolved by the Arbitration or if such dispute is non-arbitrable or cannot be decided by the Arbitration, then such dispute shall be submitted to the jurisdiction of the courts at Goa, India. (with the exclusion of all other courts).
Each provision of this Terms of Use is severable. Severance does not affect any other provisions.
If you have any queries related to your account, you may contact us at ushastores7@gmail.com or our grievance officer, to take the required action, to resolve the queries or requests related to our platform. We shall process the resolution of queries.
In compliance with the Information Technology Act, 2000 and the Rules made thereunder, the Grievance Officer/ data protection officer on behalf of us for the purpose of his Privacy Policy shall be: